The lack of direct evidence of a child that misses the former foster father of Peuter William Tyrrell is accused of intimidating has been described as a 'big gap' in the case against him.
The man, who cannot be identified for legal reasons, is an appeal to a conviction for intimidation about an incident with a separate child, who was 11 years old at the time.
During an argument while the girl dropped to school in November 2020, the man shouted and criticized her while she sobbed uncontrollably.
But during a short hearing in the Sydney district court on Monday, Judge Sean Grant noted when the girl gave evidence in the first hearings of the case, she was not asked how she felt during the incident.
“That's a big hole in the crown case,” he said.
Instead, the persecution on secret recordings of detectives trusted the disappearance of William, who had tapped the house and vehicles of the couple.
William was three years old when he was missing while on 12 September 2014 he played with his Foster grandmother in Kendall on the NSW Mid-North Coast.
No one has ever been accused of his disappearance, although the police have broadcast a theory that his foster mother has thrown his body away after his casual death.
The lack of direct proof of a child that the former foster father of Peuter William Tyrrell misses is accused of intimidating is described as a 'big gap' in the case against him
The man, who cannot be identified for legal reasons, has appealed to a conviction for intimidation about an incident in which a separate child was involved, who was 11 years old at the time
The woman, who denies something to do with the disappearance of William, is also attractive beliefs for two counts of intimidation about individual incidents in which she threatened to hit the same child.
In the recordings the man could be shouted from the car to the girl to 'close the front door' and 'Move, F *** ING MOVING'.
“I'm done with this family. I am gone, this is ridiculous, “said the man while the girl was heard sobbing.
'F *** ing stupid small s ***. You do this every day. '
While the girl continued to cry, the man accused her of talking to him and the foster mother 'so bloody'.
“We didn't do anything to you. All we have done is support you, “he said.
“We feed you, we accommodate you, you treat us as S ***.”
The foster father's lawyer, Phillip English, said that the words that were of an 'annoyed parent' who was not going to intimidate the girl.
William Tyrrell's foster mother (shown left), who cannot be identified, is also attractive convictions for two counts of intimidation on individual incidents
The foster mother was asked in an interview with the NSW Crime Commission if she found William in the Boom ferns under the porch of her mother's house (photo)
“He wanted them to … get into the car so that he could take her to school and go to work,” said Mr. English.
However, the prosecution argued that a person could be both an annoyed parent and be able to commit a violation of intimidation within the same interaction.
That day at school the girl told a teacher who noticed that she was upset, that the man was shouting at her and did not want to go home.
“It seemed like a trivial disagreement with a care provider of what she told me,” the teacher said later during her witness.
In the course of 14 months in 2020 and 2021, the police made more than 1000 hours of secret recordings in the house and the vehicles of the couple.
A decision will be made about the appeal of the foster father on 17 February, with a hearing that will take place at a later date in the foster mother.
